What is the success rate for filing a judge recusal in California small claims?

Question from Thepaitnedpainter, What is the success rate for filing a judge recusal in California small claims?

Answer from AI:

In California, the success rate of filing a request for recusal of a judge in small claims court is generally low. Judges are expected to remain impartial, and the legal standard for recusal is high. However, if you believe the judge has a conflict of interest or may be biased due to prior dealings with the contractor, it may be worth filing a request for recusal, especially since you have 45 days left before the hearing.

What You Need to Know:

1. Grounds for Recusal:

   • A judge must disqualify themselves if they are prejudiced against a party or have a financial interest in the case. (California Code of Civil Procedure §170)
   • The judge’s prior dealings with the contractor alone may not be enough to establish bias unless you can show specific evidence of partiality.

2. Procedure for Filing a Request for Recusal:

   • You can file a “Motion for Disqualification” under California Code of Civil Procedure §170.1.
   • You must declare under penalty of perjury that the judge is prejudiced against you. This must be served on all parties and the court at least 10 days before the hearing, unless you discover the cause for disqualification later.

3. Success Rate:

   • Recusal motions are rarely granted because the legal standard is high. Judges are presumed impartial unless there is clear evidence of bias.
   • However, if the judge has had repeated interactions with the contractor, it might create an appearance of impropriety, which could be a valid basis for recusal.

4. Time Constraints:

   • With 45 days left, you have enough time to prepare and file the motion. If the judge denies your motion, you can seek review by another judge.

5. Recommendation:

   • While you can represent yourself in small claims court, consulting with a legal professional can help you assess the strength of your case and prepare the necessary documents.
   • A lawyer can also help you gather evidence of any potential bias and ensure you follow the proper legal procedures.

Key Considerations:

• Evidence of Bias: You need specific evidence showing the judge’s partiality, such as prior rulings in favor of the contractor or other indicators of bias.
• Legal Advice: Given the complexity of the issue, consulting a lawyer can provide personalized guidance and improve your chances of a successful recusal motion.

For more information on court procedures, you can visit the California Courts website.