Legal Question in Civil Litigation in California

A judge set an OSC Re: Contempt hearing (for a party that failed to appear at a previous hearing, cause the Judge had asked that party to appear in person for that previous hearing) to be heard in 2 weeks from now.

If that party serves the Judge, a week prior to the OSC hearing, with a Motion To Disqualify (CCP 170.1) for Actual Bias (cause the Judge has been biased and prejudicial many times), would that void/moot that OSC hearing, pending the Disqualification of the Judge or would that OSC Re: Contempt hearing be rescheduled to the newly assigned judge, if the Motion is granted?


Asked on 3/06/13, 8:35 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You have posted several questions about this OSC, but you have not told us anything about the facts. It's hard to offer concrete guidance without such information.

You need to understand what prejudice and bias mean. They mean that the judge is ruling against you for reasons other than the factual and procedural posture of the case. That he rules against you a lot more often than he rules in your favor does not suggest bias or prejudice. Instead, it suggests that you have deserved to lose more often than you have deserved to win. And if he seems more upset with you than with the other side but you have given him more reason to feel that way, that also would not suggest bias or prejudice.

It is very hard to successfully challenge a judge on these grounds. You will be the one with the burden of proof. Many pro pers bring such motions, but very few of them succeed.

Your best bet is to actually discuss your case in detail with a lawyer instead of using this site. LawGuru just isn't set up to offer the kind of advice you need.

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Answered on 3/06/13, 8:50 pm
Charles Perry Law Offices of Charles R. Perry

The motion to disqualify will not automatically cause the OSC to be taken off calendar. It is possible, for example, that the OSC will proceed before another judge at the scheduled time and date.

I agree that you need to speak to a lawyer about your situation.

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Answered on 3/07/13, 1:52 am

Both answers you have been given are good and correct. I would add also that you need to read Mr. Hoffman's explanation of what real bias and prejudice are very carefully. If you have given the judge reason to rule against you or to disbelieve or disfavor you, that is not bias or prejudice. The fact that you have an OSC re: Contempt filed against you suggests very strongly that you are in a hole with the judge that you have dug yourself, not some pit of bias and prejudice that you have innocently fallen into. And accusing a judge of actual bias is a very serious accusation. If you do not succeed, you will have given the judge a LOT more reason to look disfavorably at your side of any and all future proceedings. You REALLY need to get a lawyer.

It is possible that I could give you a more complete answer and/or refer you to local resources if I knew where you are located. However, LawGuru for some unknown reason decided to stop asking questioners for their zip code. That makes it impossible for us attorneys answering questions to provide a location specific answer. In many cases what county or even city you are in is crucial to the help we can provide, especially if you are asking a Family Law, Real Estate, or Landlord/Tenant question. If you appreciate my providing you this free answer, please take a moment to contact LawGuru Support and complain about this. Thanks.

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Answered on 3/07/13, 9:54 am


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