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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi there I would like some advice on what motion to file to

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Hi there
I would like some advice on what motion to file to request a different judge as she is not hearing my case in its entirety and does not understand things as I have the proof in the transcripts. The case is in Alameda county, Hayward, CA. Can you give me some advice if I should file a motion to disqualify for cause or something else? thanks in advance.

Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Now note that there is no right to demand another Judge if the Judge simply does not "get" the matter. One can APPEAL every decision and the ultimate trial decision of the Judge to the appeals court, but until/unless this is done, there is no way to get a "smarter" judge. A recusal is based on BIAS, only.

In a matter like this, a party files a Motion to Recuse, if one can allege BIAS. Recusal is based on Ca. Code of Civ. Proc. 170.1 et seq, and a very good summary for this can be found here.

Below is an example of such a motion (rudimentary):

Superior Court of California
County of _ _ _ _ _ _

_ _[Name]_ _ declares:

1. I am the _ _[e.g., plaintiff/defendant/attorney for _ _ _ _ _ _]_ _ in this _ _[action/special proceeding]_ _.

2. The Honorable _ _[name]_ _ is the judge before whom the trial of the action is assigned.

3. The judge should be disqualified because _ _[specify facts establishing one or more of the grounds listed in CCP §170.1(a) -- place each individual fact on a separately-numbered line]_ _.

WHEREFORE IT IS RESPECTFULLY XXXXX XXXXX the Honorable _ _[name]_ _ be disqualified under section 170.3 of the Code of Civil Procedure from trying any matter in this action.

[Option 1]
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

[Option 2]
I declare that the foregoing is true of my own knowledge, except as to those matters which are stated therein on my information and belief, and as to those matters I believe them to be true.

Date: _ _ _ _ _ _ __[Signature]__
_ _[Typed name]_ _

I hope this helps and clarifies. Good luck.

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