Legal Question in Civil Litigation in California

Request to change Judge???

I am in a civil lawsuit for breach of contract.

I do not believe judge is fair. He has order against me for everything. The trial is set for May 2008. How can I request to see a different Judge?

Thank you

Asked on 3/26/09, 6:11 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Request to change Judge???

May 2008 has come and gone. :)

Ruling against you does not make him 'unfair' unless the rulings are incorrect as to law or fact. If so, you'll have grounds for an appeal. To remove a judge requires a motion, properly founded and pled and timely. If you think you've had problems so far, you won't like the process of getting to and through trial. If you actually have a case that is valid, with merit, and with collectability, you should hire an attorney to handle it right and avoid loss due to ignorance of the system rules and procedures.

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Answered on 3/26/09, 6:33 pm

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Request to change Judge???

You can only have a judge removed from a case for bias (or at least the appearance of bias) or misconduct. That the judge usually rules against you is not enough, even if the rulings are wrong.

Motions to disqualify a judge seldom succeed. When they fail, the moving party still has to deal with the same judge he accused of bias and/or misconduct. Think carefully about whether you want to take that risk.

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Answered on 3/26/09, 6:39 pm

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