i am involved in an appeal for small claims.. the case involves an attorney who practices before the judges who are hearing the appeal...am i allowed a change of venue
Country relating to Question: United States
State (if USA): California
the original case was heard.. this is an appeal
No. Because you are essentially getting a new trial at the Superior Court level now, if you believe that the judge is biased in favor of your adversary, then you may file a motion with the court for the judge to recuse himself. If he does not, that itself is the basis for an appeal. But you cannot ask for a change of venue simply because the attorney practices in that courthouse.
10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator
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