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I am a physician. I'm a good person and I have never been in…

I am a physician. I'm...
I am a physician. I'm a good person and I have never been in any trouble. I was recently evicted in a kangaroo court from a farm I legally rented. I was not allowed to pro ve I had paid my rent! The plaintiff was allowed 3 days of people I did not know doing a character assassination of me, accusing me of things that were absolutely bizarre. We were only allowed to present evidence for 45 minutes. I as not allowed to testify, or even be in the court room. He was obviously paid off. Please believe me.My attorney who specializes in unlawful detainer defense all over the San Francisco Bay area said he had never seen such a travesty of justice.Here is my question:I am also in an unrelated lawsuit. I am considering bringing up the judge's behavior in this lawsuit. What is the worst thing the judge can do to me if I do? What is "going too far" in terms of holding him accountable for his behavior? All I want to do is tell the truth.
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Customer reply replied 5 months ago
I want to add that I am not an officer of the court and I have not taken the oath that you have. Also, the Judge's behavior was so egregious that I assume he will rule against me in the other lawsuit as well so I more or less have nothing to lose.
Answered in 1 hour by:
9/9/2017
socrateaser
socrateaser, Lawyer
Category: Legal
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Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

You asked: I am considering bringing up the judge's behavior in this lawsuit. What is the worst thing the judge can do to me if I do?

A: If you file a "verified statement" to disqualify the judge for "cause" (e.g., impartiality/bias), then assuming that your statement only provides facts, rather than opinion, about the judge's conduct -- then the judge is required to send the statement to a judge in a different county to determine whether or not to disqualify the judge. If the judge is disqualified, you win. If not, you can pretty much count on the judge ruling against you at every future opportunity. That's the risk. Never try to disqualify a judge, unless you can state provable facts that show the judge is biased against you.

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What is "going too far" in terms of holding him accountable for his behavior?

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Customer reply replied 5 months ago
Thanks for the information, but you did not actually answer my question. If I stick to the facts in this second lawsuit, what is the worst thing the Judge can do to me if I anger him? Can he put me in jail? Can he fine me? Anything else?

Sorry. I'll try again. You asked:

If I stick to the facts in this second lawsuit, what is the worst thing the Judge can do to me if I anger him?

A: The worst thing is that the court will enter judgment against you (IMHO).

Can he put me in jail? Can he fine me? Anything else?

A: If you follow the Rules of Court and Code of Civil Procedure, then the court cannot fine you or jail you for contempt. However, sticking "to the facts" is insufficient to protect your interests. You must follow the rules, because that's what gets pro se litigants into difficulty with the court.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

socrateaser
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Customer reply replied 5 months ago
Thank you. There i no hope for my interests. My friend, a district attorney assistant in the same jurisdiction, did not believe how corrupt and abusive what happened to me was until he spoke to my attorney. I am not exaggerating when I say thar my attorney had never seen anything close to this level of injustice before. I was not allowed to testify on my own behalf or even be present in the Courtroom?? So I want my side of the story to be public record.

California Superior Court (unlike federal court) judges are elected, rather than appointed. This, IMHO, has contributed to politicization and competency issues on the bench. I try to stay out of Superior Court, and prefer to make a "federal case" out of everything, if possible. Unlawful detainer actions, generally are outside of the jurisdiction of a U.S. District Court -- though, if there's a bona fide Fair Housing Act claim (unlawful discrimination), then that would be sufficient to get the case into a federal court.

The California courts of appeal are distinctly better at considering legal issues -- though, there is always an inherent bias against finding Superior Court judges to have engaged in actions which divest a litigant of due process. But, the only way to get a resolution where you believe you've been mistreated by a judge is to appeal the ruling. Of course, you can complain to the Cal. Committee on Judicial Performance -- but, that won't change the court judgment. An appeal is the only option -- because you can't sue a judge for a biased ruling.

Hope this helps and thanks again for using Justanswer!

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