Legal Question in Civil Litigation in California

Can I request a different commissioner hear an ex-parte case if I havent signed any stipulation? Also, if the commissioner I asks refuses what do I do? I have filed a complaint against this particular commissioner so do I tell him that because of this I dont think he can judge my ex parte without prejudice to get him to send the case to a different commissioner?

I also have a motion 170.6. Do I attach this to the exparte? Or is it too late since the trial date is tomorrow? He's only heard one ex-parte in the case so far and I didnt sign a stipulation for that.


Asked on 6/08/11, 11:02 am

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

You're too late for a 170.6 once you appear before the judge/commissioner generally. There are a few rare exceptions. You would need to file a 170.1 disqualification for cause but if you can't articulate an actual factual basis which shows doubt they are impartial then your motion fails.

They are rarely granted and usually cause more harm than good.

You can't simply ask for another commissioner. Although I have heard that a commissioner has required an every appearance stipulation. I have never seen that work and probably won't.

I would focus on your case instead of trying to disqualify the judge because you're likely to cause more harm and very unlikely to prevail.

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Answered on 6/09/11, 5:31 pm


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