Legal Question in Civil Litigation in California
Can I file a motion for a commisioner to recluse himself on the same day I plan to have an ex parte application heard? The trial date is tomorrow as well. Since the case got set for trial he has heard two ex parte motions and I never signed a stipulation for any of them. I bring this up because I know a motion 170.6 has to be brought in a timely manner. Is it too late already? And if I file it now will it apply to my ex parte this afternoon?
1 Answer from Attorneys
How many times are you going to ask this question? Are you hoping for an attorney to tell you that you will be successful? Sometimes the best thing you can do is accept reality. If you appeared you can't bring a 170.6 with very limited exceptions. Your chances on disqualification for cause are very minimal and likely will harm your case.
Do whatever you want but that is the reality.
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