California Legal Brief

AI-Generated Practitioner Briefs of California Appellate Opinions

judicial disqualification

3 opinions tagged “judicial disqualification”

J.O. v. Super. Ct. 5/28/26 SC

The Rule of J.O. v. Superior Court is that if a party timely objects to a Code of Civil Procedure section 170.6 motion and makes a prima facie showing that the motion's proponent is lodging bad faith blanket challenges against a judge, a court may look beyond the section 170.6 affidavit or oral statement and inquire into the legitimacy of the party's assertions of prejudice, under circumstances where bad faith blanket abuses of section 170.6 materially impair the judiciary's constitutional function to effectively administer justice.

P. v. Super. Ct. 4//16/26 CA4/2

The Rule of The People v. The Superior Court of Riverside County is that a former prosecutor must be disqualified from presiding over a Racial Justice Act evidentiary hearing when they were directly involved in making charging decisions and present at staffing meetings where homicide filing decisions were made during the relevant time period being analyzed for institutional bias, under circumstances where the judge's personal involvement in the decision-making process being scrutinized might cause an objective observer to reasonably doubt the judge's impartiality.

Zand v. Sukumar 4/14/26 CA1/4

The Rule of Zand v. Sukumar is that an appellant cannot use the doctrine of voidness to collaterally attack a final appellate judgment by claiming trial court orders were void, when the challenged orders rest on errors that are merely in excess of jurisdiction rather than fundamental jurisdictional defects, under circumstances where the appellant has already appealed the underlying orders and lost.