There are two basic methods exist by which a party may seek to disqualify a California judge: he may either challenge the judge for cause-- pursuant to C.C.P. Secs. 170.1 through 170.5--or file a peremptory challenge--pursuant to Sec. 170.6.
You can only use Sec 170.6 prior to the judge making any substantive decisions in your matter. I wold think long and hard before you move to disqualify a judge. Based on the facts as your presented them it does not sound like 170.6 will work, thus you are left with the other methods, which are not slam dunks. If you lose, you will be before the judge who you tried to disqualify. Probably not a good thing.
James V. Sansone, Esq.
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You have an attorney. No one here would be in the position to counsel you better than your own attorney. Perhaps you should listen to his advice. There is a lot more to your story, I am betting.
Attorney Inga Stevens is licensed in Maine. She provides general information on Avvo.com. No attorney-client relationship arises out of the information given here.
You don't provide a time-frame for any of this, nor do you say whether anyone pursued an appeal when the judge "disregarded" evidence (judges aren't allowed to disregard evidence; if someone presents contrary evidence, they can, however, decide who to believe and not to believe) , nor do you say what's pending before the judge at this time.
Also, remember, if you try to recuse a judge, and you're NOT successful, then you're in front of the judge, who's even less happy with you...
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