I hired an attorney who is messing up my case. He filed a complaint with information I never gave him. Then he never filed an omissions and corrections. The opposing counsel challenged what was said in the complaint and won against my attorney. Last hearing he was not prepared didn't even take complaint or demurrer with him to court. Furthermore in the beginning of my case I told him to recuse the judge and he told me there was no need to do so I now come to find out that he never wanted to recuse the judge because he said the judge would ruin all his cases since he has practically all his cases in that courtroom and with that judge. At one point defendant gave him information about his address and my attorney lost it. I am afraid I will lose my entire case if I don't do something real soon. I want to know if I can file an emergency motion or hearing and ask the court to give me time to find an attorney to take over my case and I want the court to extend my time to file a reconsideration or on my last hearing if possible? Is it too late to file a recusal against this judge its been almost a year since I started this lawsuit?
2 Answers from Attorneys
It is certainly too late to do a peremptory challenge under Code of Civil Procedure section 170.6. It was too late as soon as the judge heard any contested matter on the case, which sounds like it was the demurrer.
You can't go into court and act as your own attorney while you have an attorney of record. You need to hire a new attorney, and then have him substitute into the case.
It is to late to get rid of the Judge. You are clearly unhappy with your attorney. You should look for an attorney who has experience and will represent you.
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