Legal Question in Civil Litigation in California

I posted a question earlier on about wanting a different commissioner to hear my unlawful detainer case. Thank you very much to the lawyers that responded

I am still a little confused.

I signed a stipulation but that was months ago when I brought a motion to strike the complaint, but that was for a different commissioner in a different department and he approved my motion.

I havent signed a stipulation for this trial yet. They are suppose to hand you the paper on the morning of the trial right? I was hoping at this point I tell the clerk I want the case to be heard by a judge or another commissioner. This is allowed right? And from what I am finding out, I wont even have to go before this horrible man on that day. My last question is can the plaintiff oppose my request to have another commissioner or judge hear the case? In that scenario, then what?

Thanks very much.


Asked on 6/07/11, 6:22 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you have not stipulated to a commissioner hearing the trial then they must give you a judge. Since it is your right to have a judge hear the case, the opposing side has no say as to whether you can request a judge hearing.

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Answered on 6/07/11, 7:28 pm


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