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Soon to be x filed a certificate RE disqualification of

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Soon to be "x' filed...
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: 7 years ago.Category: Family Law
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Answered in 12 minutes by:
2/1/2010
Family Lawyer: lwpat, Lawyer replied 7 years ago
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
Verified
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.
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Customer reply replied 7 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.

Family Lawyer: lwpat, Lawyer replied 7 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?
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Customer reply replied 7 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?

Family Lawyer: lwpat, Lawyer replied 7 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?
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Customer reply replied 7 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.

Family Lawyer: lwpat, Lawyer replied 7 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.
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Customer reply replied 7 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.

Family Lawyer: lwpat, Lawyer replied 7 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.
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Customer reply replied 7 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.

 

 

Family Lawyer: lwpat, Lawyer replied 7 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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lwpat
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Category: Family Law
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