Hello again,I'm sorry you're having difficulties. California law is very complicated. You may want to restrict your questions to attorneys who are licensed in the jurisdiction. Anyway, the law boils down to this. A one-time peremptory challenge may be made by a party against a judge pursuant to CCP 170.6 But such challenge is not allowed if the judge has decided a contested fact issue relating to the merits and the party appears in the same proceedings or in a continuation of the proceedings in which the contested fact issue was decided. See Stephens v. Sup.Ct. (Lawrence John Stephens Trust) (2002) 96 CA4th 54, 61. Since your judge apparently has heard several issues in the case, you cannot disqualify the judge using a peremptory challenge. Your only recourse is to challenge the judge for cause, pursuant to CCP 170.3(c). Hope this helps.
Thanks, XXXXX XXXXX difficult and Ca. Law is very complicated. Here is my confusion: I was told to file the PC under 170.6 by a lawyer I consulted with. I think you then told me it needed to be under 170.3 because the judge had heard issues in the case. And to further complicate this (for me) the judge wrote on the minute order that my form indicated the challenge is per 170.3. This is not a 'cause' challenge, rather, it is a Peremptory Challenge per 170.6...
All the info conflicts and all I want to do is get rid of this rotten judge. Please provide the instructions, CCP, and form needed via link if possible. I'm not giving up yet, I don't go down that easy. Stupid-stubborn maybe, but I'm still in this.
Please bare with me as I am not trying to be difficult, I'm just trying to get this straight.
1. a) I used a wrong form on two accounts - an LA County stock form for b) Peremptory Challenge referencing 170.3
2. The gal with me was to have it court filed - instead put it in the drop box on 7/1 (while I was in hearing) and it ended up stamped 7/10 - day of my hearing. Embarrassing on both counts.
3. I now understand I should have filed a Verified Statement of Disqualification of Judge corresponding to 170.3. I accepted your info initially, but I missed the details of your response and added to my own confusion. Thank you for sending links to prior Q&A.
4. I know your info is/was good. I was further confused by the min order verbiage: http://www.mediafire.com/?tlhyyb8khz7ymkb
but now I get it.
5. Lastly, can I file the Verified Statement at any time? Will it be file stamped at the time of filing and will I have to come back for a hearing on it?
Thank you. It helps very much. I will ask a new question - regarding part of your response.
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