• Using Fillable Forms
• Viewing PDF Files
• Judicial Council Meetings
• California Code of Judicial Ethics

M) How to remove a Judge:

         Resource Center for Self-Represented Litigants

                                                                      110 N. Grand Ave., Room 426, Los Angeles, CA 90012

       HOW TO REQUEST TO CHANGE YOUR JUDGE

This information is not intended to provide legal advice.  For legal advice, please consult with an attorney.  For more information, go to http://www.lasuperiorcourt.org or visit the Los Angeles Law Library, located at 301 West 1st St., Los Angeles, CA 90012.

       There Are Two Ways to Request to Disqualify a Judge:

1. Peremptory Challenge  (See Code of Civil Procedure § 170.6)
   • In a family law case, you may automatically disqualify ONE judge without proving prejudice or bias.
     1. If you have a temporary judge (commissioner or judge pro tem), you can refuse to sign a stipulation for the temporary judge at your courtroom.
   • If your peremptory challenge is granted, a new judge will be assigned.
   • If your peremptory challenge is denied, the judge will remain on your case.
     • To raise a challenge, file an Affidavit of Prejudice Peremptory Challenge to Judicial Officer (form LACIV 015). A copy is available at http://www.lacourt.org/forms/pdf/LACIV015.pdf   or http://www.lasuperiorcourt.org/forms/pdf/LACIV015.pdf.  If you choose to draft your own affidavit, it must include specific language listed in the code cited above.
   • If your judge is known at least 10 days before the hearing date, you must make your motion at least 5 days before that date. To avoid missing the deadline, file your motion as soon as your trial judge is assigned.
   • If you are assigned a different judge for trial, make a motion as soon as the new judge is assigned.
   • Have a copy of the affidavit served on the other party no later than 5 days after making the motion.

2. Challenge for Cause  (See Code of Civil Procedure § 170.1– § 170.5)
   • A judge may also be challenged for cause under CCP §170.1.
   • This type of motion is less likely to be granted because specific grounds and proof are required, i.e., conflict of interest, bias, financial interest, personal knowledge of facts, and relationship to a party or attorney.
   • If your challenge is denied, the judge will will remain on your case.
   • To raise a challenge, file a written declaration, using pleading paper, that sets forth the grounds for disqualification.

1. A copy of pleading paper (form MC-030/031) is available at http://www.courts.ca.gov/forms.htm.

• The challenge must be raised with the clerk at your assigned department “at the earliest practicable opportunity” after discovering grounds for disqualification, or else it is waived. Have a copy served on the other party/attorney, and a copy personally served on the judge or clerk.

           → You may not bring a peremptory challenge or a challenge for cause after orders have already been made in your case!

  Other Methods:

Complaint for Judicial Misconduct    (See California Code of Judicial Ethics)

• Judicial misconduct involves conduct in violation of theCalifornia Code of Judicial Ethics.  Examples: improper demeanor, failure to disqualify when the law requires, receipt of information about a case outside the presence of one party, abuse of contempt or sanctions, delay in decision-making.
• An error in a judge’s decision or ruling, by itself, is not misconduct. An appeal may be the only remedy for such an error, or there may be no remedy.  The commission will investigate the complaint and, if appropriate, impose discipline. The commission does not have the authority to change a judge’s decision, issue new orders, grant a new trial, or disqualify a judge from a case.
• Complaints must be in writing. You may use the commission’scomplaint form or write a letter to the commission.
• The Commission on Judicial Performance is located at 455 Golden Gate Avenue, Suite 14400 San Francisco, California 94102.  For more information, visit the commission’s website at http://cjp.ca.gov/.

Appeal Process    (See California Rules of Court § 8.800-8.843 and 8.880-8.891)

• If a judge has made an order in your case that you believe was made in error, and that the error was harmful, you may request an appeal with the appellate division of the superior court.
• An appeal is NOT a new trial. The appellate division will review the record of what happened at court to see if certain kinds of legal errors were made.  If legal errors were made, the orders could potentially be overturned.
• For information about the appeal process, speak to an attorney, go to the county law library, or visit courts.ca.gov/.

n)

Writ Proofs of Service forms

These forms may be used for service of Bank and Real Property Levies, and Wage Garnishments.  We recommend a review of The Registered Process Server’s Guide to Service of Writs of Attachment and Writs of Execution before using these forms.

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o) Enforcement of Judgments : https://saclaw.org/wp-content/uploads/lrg-enforcement-of-judgments.pdf

p) Simple letters

Character reference letter – personal friend/colleague reference.

Church letter – to parents re: child’s birthday.

Condolence letter – to an acquaintance or colleague.

Friendly letter – to a colleague and sports buddy.

Goodbye letter – farewell letter to co-workers.

Love letter – to someone you’ve known for a while.

Letter of apology – to a neighbor or acquaintance.

Letter of complaint – water damage complaint to neighbor.

Letter of congratulations – to a friend or colleague.

Letter of personal reference – recommending a personal friend.

Letter of resignation – resign from a committee.

Letter of sympathy – to family of a friend and/or colleague.

Letter of thanks – to friends or acquaintances.

Letter of welcome – to a new community member.

Romantic love letter – after a special evening.

Teacher letter to parents – beginning of year guidelines.

Thank you letter – personal thanks to a family member.

p) Legal letters CLICK HERE : https://templatelab.com/legal-letters/

q)

Injunctions And Restraining Orders (by Sacramento Law Library)

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