Legal Question in Legal Malpractice in California
judge didn't allow me to respond
I was the Plaintiff in a TRO where the defense was represented by an attorney.
The judge was clearly bias for the attorney, and made decisions affecting the case without providing me an opportunity to respond.
He ruled for the defense, no surprise there.
What recourse do I have against the judge?
How can I go about asking for a new hearing on my request for a restraining order?
If it helps any, I filed a 170.6 (judge said it was not within code without elaborating), plus before the hearing, I said I wanted a judge to hear it and not a commissioner. He said he wasn't familiar with this, asked me what code it was, then said ''he'd look it up'' then proceeded with the hearing without doing anything more on it.
2 Answers from Attorneys
Re: judge didn't allow me to respond
As I started to read, I said to myself, Hoo boy, another pro per vs. attorney case and you know how that goes. But you may have done something very right in non-stipulating to the commissioner and/or filing a 170.6 because if you were blown off, and you have a record, either a file-stamped copy of the document or a court reporter was present, you have an excellent chance of beating the case on appeal (at least so far as getting a new hearing before a different bench officer).
Remember, the only reason people apply for restraining orders is to be able to claim you violated the order and have you arrested.
Please feel free to call to discuss. Do not appeal your case in pro per.
Re: judge didn't allow me to respond
Oops. I misread your question and thought you were the -defendant-. Please disregard the last sentence of my previous answer.
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