Legal Question in Real Estate Law in California

Re: Request change from Commissioner to Judge

Unless your issues are extremely complex and unusual, or unless you have reason to feel this particular commissioner is biased against you, I think the maneuver you are thinking about is a waste of time and will not help you.

Further, unlawful detainers are supposed to be quick, summary procedures, and while this does not allow a "kangaroo court," unless you have truly substantial objections to the particular commissioner, I think you are likely to be stuck with your election by rule or policy.

Re: Request change from Commissioner to Judge

I second Mr. Whipple.

Unless you have reasons to believe the Commissioner will not preside over a fair trial, you should "let sleeping dogs lie".

Re: Request change from Commissioner to Judge

I rarely disagree with Mr. Whipple's responses, but will have to begrudingly do so here.

I recently had a case for a client who needed a restraining order. She was an MD, and a guy was stalking her. The initial application hearing was before a commissioner, but I was not told it was a commissioner. He refused to grant the TRO. (Temporary Restraining Order.) He did not understand the law, and thought my client needed to actually be physically beaten to qualify.

The case was assigned for a formal hearing, for the Three Year Restraining Order, and I did not sign the second stipulation for that commissioner.

The restraining order was granted, and the new Judge was able to follow my legal arguments using the definition of stalking under the Penal Code.

My point in telling you this is sometimes it is a good idea to change a judge or commissioner. My advice is to either refuse to stipulate to the Commissioner, or if the time permits, to file a peremptory challenge pursuant to CCP 170.6.

Contact me if you have further questions.

Very truly yours,