Legal Question in Civil Litigation in California

Can I change the presiding judge in my case?

I feel that the judge is prejudice to me and to my case.Can I change him? I know I could've done it at the very begining but now I am passed that.

It is 3 months since I filed my case in the Los Angeles Superior Court, and I am in Pro-per.I need a judge who is not bias because I am facing a lot of motions: Demurrer,Motion to Strike parts of the Complaint and so much more.

So please tell me under what conditions I can have the pesiding judge changed and how do I go about to do it!

Thanks, Gabriel


Asked on 10/04/08, 8:39 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can I change the presiding judge in my case?

While it's too late to get an automatic change of judge, you could file a motion under CCP Section 170.1 if you have evidence the judge is biased.

You will also need to file and serve Oppositions to the Demurrer and to Motion to Strike within the legal time limit. If the judge rules in your favor, you'll be in great shape to begin the discovery phase of your case.

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Answered on 10/04/08, 8:51 pm


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