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Roger, Attorney
Category: Family Law
Satisfied Customers: 30903
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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CA question I was untimely served notice of a hearing on

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CA question

I was untimely served notice of a hearing on a Request for Order concerning the custody/visitation on my child. I advised the court I was untimely served and could not attend the hearing. It was the first hearing. I never made an appearance in the case. I was told the send a letter to the court which I did. Jude went ahead and issues orders requiring that I attend mediation. He also made comments in open court regarding the custody of my child. I filed a motion to disqualify him based on the above In showing bias against me. Court denied it as untimely even I was untimely served notice of the hearing! There is no future court date. I really don't think I can get a for hearing/trial in front of this judge. What can I do next?
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

The first thing you could do in order to overturn the decision is to file an appeal on the denial of your motion to recuse the judge. This would allow the Supreme Court to review and determine whether the judge did the right thing.

You can also file a complaint against the judge with the Ca. Commission on Judicial Performance. The commission will review your complaint and investigate. Here's a link that outlines how to file a complaint:
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Customer: replied 3 years ago.

Am I incorrect in thinking what he did was improper?

If you can prove that you weren't given timely notice, then your due process rights were likely violated and the judge likely acted improperly by not resetting the hearing.

It's worth reporting the incident and let the authorities decide.

Customer: replied 3 years ago.

I was served on the 12th court day before the hearing as opposed to the 16th day before. I think I should be good. Thanks!

Yeah - that's not much notice.

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