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lwpat
lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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Soon to be x filed a certificate RE disqualification of

Customer Question

Soon to be "x' filed a certificate RE: disqualification of Judge (170.6) and won. case was moved to another court and judge. What is the procedure I take to rebuttal this or can I file a 170.6
Submitted: 4 years ago.
Category: Family Law
Expert:  lwpat replied 4 years ago.
Since he won and the case has been moved do you have a problem with the new judge? It really should not make a difference. You may want to consider retaining an attorney.
Customer: replied 4 years ago.

Yes I have a problem with the new judge. Case has been moved to another court 1 hr away. I want to know if I can rebuttal the 170.6 ...do I file against the new judge with a "Certificate RE: Disqualification of Judge (CCP 170.6) or is there other paperwork that I need to file. Do I file in the old court or file in where the case as been moved to. Both courts are in the same county.

 

I can't afford an atty.

Expert:  lwpat replied 4 years ago.
You have already lost so you could file for a rehearing but I don't see that doing you any good. You can file against the new judge but you have to have grounds and being one hour away is not grounds. Did the original court only have one judge?
Customer: replied 4 years ago.

Yes only 1 Family Law judge.

 

What do you mean that I already lost...

 

Why can't I file I 170.6 stating that I believe a fair and impartial trial of said action cannot be had before said judge?

Expert:  lwpat replied 4 years ago.
What do you mean that I already lost...

That is what you stated

Soon to be "x' filed a certificate RE: disqualification of Judge (170.6) and won.

If he won you lost

Why can't I file I 170.6 stating that I believe a fair and impartial trial of said action cannot be had before said judge?

You can but what grounds are you going to claim?
Customer: replied 4 years ago.

Why can't I file I 170.6 stating that I believe a fair and impartial trial of said action cannot be had before said judge?

That would be my grounds...can't get fair trial with the new judge.

Expert:  lwpat replied 4 years ago.
That would be my grounds...can't get fair trial with the new judge.

That is a conclusion, not grounds. You would need to show why like for example the judge is married to his sister.
Customer: replied 4 years ago.

Rec'd letter from plantifff atty stating the following: "Husband will waive all reimbursement claims and WATTS charges, which as you know are substantial.

 

What does this mean?

 

Thank you.

Expert:  lwpat replied 4 years ago.
Watts charges are a charge against a spouse's share of community property made to reimburse the community for the value of his or her exclusive use of the property after separation. In other words they are saying that you continued to use community property and that claim should have been made in the complaint or their answer. They have to give you written notice that they are claiming those charges and they can only claim them forward from the time they give you written notice. Therefore this should not be the first time you are hearing this.

An accept for my time is always appreciated.
Customer: replied 4 years ago.

So a letter that I rec'd today wanting to settle and plantiff using the work "WATT" is written notice? This is the first time I have heard the word "WATTS". Several OSC have been done and never was it said. He was court ordered out of the house...how can they claim "WATTS". Also, a domestic violence restraining ordered was issued against him for the next 3 years.

 

 

Expert:  lwpat replied 4 years ago.
I can only tell you what it means, not how they can claim it. That is an issue for the judge and your attorney.

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