Legal Question in Civil Litigation in California
Under CCP 1008(b), a bias superior court judge denied my motion for reconsideration. If I disqualify the judge and file a notice of appeal, will the Court of Appeals require the appellee�s response from another judge? Is there advantage for an appellant to disqualify a judge and then file a notice of appeal?
3 Answers from Attorneys
Forgive not answering your question, but your premise is that you will be successful in disqualifying the judge and you should know this is very rare.
Disqualifying the judge has no affect on an appeal, which determines whether or not the judge made legal error which resulted in the order appealed from. Appellate courts determine issues of law, they are not a mechanism to engage in legal maneuvering or game playing.
I agree with Mr. Selik and Mr. Roach. And I'm not sure what you mean by "require the appellee�s response from another judge". The trial court judge is not a party to an appeal, and would not file any papers. Your opponent in the appeal would be the same opponent you're facing now.
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