Legal Question in Civil Litigation in California

Hi. The commissioner on my unlawful detainer case is absolutely awful and filled with prejudice in all our dealings so far. He ridiculed me in court today because I have an accent.

Please, I want to request a different commissioner to hear the case two days from now when we go to trial. How do I do this? Can I file a motion or any document before time so I dont have to see this man again, or should I just wait until the trial date and say I want a different commissioner on the day the case will be heard?

I suppose my first question is am I even allowed to do this in an unlawful detainer? Also, I know the timing is so short because the case will be heard in two days, but I will rather pay for a jury trial than have him hear the case. It is too late to request a jury trial right? two days to trial date.


Asked on 6/07/11, 2:54 pm

3 Answers from Attorneys
Kenny Tan Law Offices of Kenny Tan

The stipulation that you've filed may be for the duration of the case so you might be stuck with him. It is too late to request a jury trial.

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Answered on 6/07/11, 3:15 pm
George Shers Law Offices of Georges H. Shers

You need to check the stipulation as to whether you have agreed to him as a judge on the case [you have a right to have an actual judge hear the case but you can waive that right by agreeing to waive it]. You might still be able to make a pre-emptory challenge since he has not been asked to decide any legal issues yet or make rulings, but that will upset him. Try to get around that by saying you mentioned to a lawyer that you felt the rulings were going to go against you and they suggested that.

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Answered on 6/07/11, 3:44 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If the commissioner really ridiculed you because you have an accent, you can file a motion to recuse him because he is prejudiced against you. You could also file a complaint with the Commission on Judicial Performance.

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Answered on 6/07/11, 4:18 pm


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