Re: [tips_and_tricks] Disqualifying Calif. State Judges
I didn't have that part memorized at the time but I knew it and had read it. I filed the verified objection (CCP 170.3(c)(1)) against the judge hearing any matters but it was with regards to a later Disqualification I laid forth. That witch still ignored the filing, and the clerk didn't do her job after getting the Ver. Obj. I almost forgot to add that clerk in to my federal suit. Thanks for reminding me :). When you have around 20 players who have committed violations of the law, the details do get overwhelming. Hopefully others are learning something from this too.
>Mr. Impersonator, you are attempting to snow me by ignoring section 170.3(c) (5), which >plainly says that you are not permitted to pass upon this yourself. It is not your own >illegal order that is to be appealed by writ of mandate, but the appeal mentioned pertains >to the decision of the impartial judge we agree upon or who is named by the state >supreme court. Please take a few moments to familarize yourself with the law and decide >to conform with ALL parts of it, even those you apparently disagree with!
>>>>>>>>>>>>>>>>>>>>>>>appeared and shall be >personally served on the judge alleged to be disqualified, or on his or her clerk, provided >that the judge is present in the courthouse or in chambers.
>(c) (1) If a judge who should disqualify himself or herself refuses or fails to do so, any >party may file with the clerk a written verified statement objecting to the hearing or trial >before the judge and setting forth the facts constituting the grounds for disqualification of >the judge. The statement shall be presented at the earliest practicable opportunity after >discovery of the facts constituting the ground for disqualification. Copies of the statement >shall be served on each party or his or her attorney who has
(5) A judge who refuses to recuse himself or herself shall not pass upon
his or her own disqualification or upon the sufficiency in law, fact, or
otherwise, of the statement of disqualification filed by a party. In that
case, the question of disqualification shall be heard and determined by
another judge agreed upon by all the parties who have appeared or, in the
event they are unable to agree within five days of notification of the
judge’s answer, by a judge selected by the chairperson of the Judicial
Council, or if the chairperson is unable to act, the vice chairperson. The
clerk shall notify the executive officer of the Judicial Council of the
need for a selection. The selection shall be made as expeditiously as
possible. No challenge pursuant to this subdivision or Section 170.6 may
be made against the judge selected to decide the question of