In what circumstances will a motion to disqualify a judge be heard by the same trial judge?

California, United States of America


The following excerpt is from Paredes v. Superior Ct Of L.A. County, 77 Cal.App.4th 24, 91 Cal.Rptr.2d 350 (Cal. App. 1999):

In Andrews v. Joint Clerks etc. Committee (1966) 239 Cal.App.2d 285, the proceeding in which the disqualification motion was filed, although designated by a different case number in the trial court, was in reality a part and continuation of other pending proceedings in which the same trial judge had previously heard a matter involving a contested issue of law or fact. For that reason, the affidavit was untimely. "The mere fact that proceedings are given different county clerk's file numbers should not be controlling." (Id. at p. 298, fn. 14.)6

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