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

Los Angeles, CA |

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.

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Best Answer

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.


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.

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She is biased and prejudice, besides having anyone reasonable assume she is under 170.1 or 3, at least it seems so according to the CA judge benchguidelines for recuse. She is not going to hear this case at all; so if do nothing, it is done, so what is the harm? My other option is a Supreme court writ of certiorari since violated federal PAKA mainly, but also WAVA; and did not abide by the state statutes for UCCJEA which means not in conformaty with PKPA. So the plan was to recuse, and as soon as file that work on Supreme court writ since if she is not recuse, I have 10 days to file a writ. The writ when approved will not go back to that judge I am assuming if I request since will also attach the recuse motion. I understand this is alot of work, and am rather smart and researched it, but if I do nothing; my children will go to a man who has abused them is depressed and suicidal, and does not want tthe children, just doesn't want to pay support. His plan is to leave my young children everynight with a sex pervert while he works, and beat them the other times. He has not seen them since abusing them with police,child services, and therapy started 17 months ago. He is a police officer and everyone thinks that makes him a good person when the evidence clearly shows he will abuse and possibly kill them alog with him. Not a joke or exaggerated. Also state and federal laws say CA has jurisdiction first filed and home state, and this judge is clueless, and will not even hear the case. So many things, so complex to get into here. But what other options are available? I will do everything humanly possible to protect my children and put in ALL the time and energy to do so.



Also can I incorporate the recuse with both the reasons of 170.1 or 3 AND 170.6?

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