Legal Question in Civil Litigation in California
This is an unlawful detainer. I have an ex parte hearing tomorrow, however it is in front of a commissioner from hell. I had the worst experience with him today as I recounted before.
I have been informed that when he calls my name to come up to the front for the hearing, I can request he send the ex parte to another commissioner in another department.
I also am told, he has the power to refuse to do this. Is that right? Please is there any law I can quote that will support my right and incline him to do this?
It will be best if the case goes through the commissioner in a particular department because he is more familiar with the case and he was the one who made a decision that is causing us problems now.
In other words, I really need to know everything I can that might make the current commissioner move the ex parte to another, and less prejudicial commissioner. Thank you.
2 Answers from Attorneys
A commissioner can recuse themselves and it will be sent to another department. Unless you seek a disqualification you cannot simply request another judge. If you don't want to be seen by a commissioner then don't stipulate to them. Once you do you cannot simply choose to see another commissioner.
Once I stipulated to a commissioner on an unlawful detainer case on a pretrial motion. On the trial date, I told the clerk that I didn't stipulate to the same commissioner for the trial and insisted that I was entitled to have a judge conduct the trial. Interestingly that commissioner agreed with me that the stipulation was hearing by hearing basis. So you'll never know. It depends on the court I guess
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