Legal Question in Appeals and Writs in California

Re: Conflict of Intrest

Being a former employee of a party seems like something the judge should reveal, but I don't think it is enough to create an actual conflict of interests. It might be enough to create the appearance of conflict, and judges are supposed to avoid such appearances. But in the absence of an actual conflict, the mere appearance of a conflict would not be enough to justify reversing a judgment.

I'm not sure what you mean when you say "possibly in the future". Sure, it's possible that the judge will work for ABC Company in the future, but it's also possible that you, I or anyone else will. You would need to show something much more substantial than a mere hypothetical possibility in order to get a judgment overturned on this basis.

Finally, you should keep in mind that an appeal can only be based on matters contained in the trial court record and those subject to judicial notice. If the type of relationship you describe only comes to light after judgment is entered, the record may say nothing about it. If something like this happened in a criminal case the defendant could still raise the issue in a habeas corpus petition. In a civil case, though, your options are probably limited. You could move for relief from the judgment if you act quickly and if the judgment is fairly recent. Otherwise, you might have to resort to the rarely-used petition for a writ of error coram nobis. Offhand, I am far from certain that such a petition could succeed on this ground.

Re: Conflict of Intrest

Not an appeal, but two motions in the trial court, if you have enough facts and they are new facts: one for a new judge (CCP 170.1), and one to reconsider the ruling on the MSJ if it has not already gone to judgment; if it has, as attorney Hoffman said, a petition for a writ of error coram nobis instead of reconsideration. If either of these are denied, then you appeal that.

You can also appeal from a summary judgment if you can show errors of law. Watch out for time limits.

Re: Conflict of Intrest

I may be wrong, but most summary judgment motions probably are not appealable as they are not a final determination on an issue since you may still win at trial or later in the case file another SJM because of new evidence developed through discovery. You should also try to find out if the other party in your case ever used ABC company as that then suggests a greater appearance of a conflict. But bring up the issue diplomatically. If you have an attorney, consult with your attorney. In a county with only a few judges, it may be politically unwise to raise the issue. You must always look at the practical results even if you feel greatly upset by an injustice.

Re: Conflict of Intrest

If the judge who heard your case was a former employee of a party, it is a severe ground for disqualification. You need to contact the Commission on Judicial Peformance immediately!

These judges are doing this all the time, and they get away with it because when people vote, they do not know who they are voting for, and tend to leave these incumbents in place.

Very truly yours,