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  #1  
Old 11-02-2009, 01:27 AM
kpc kpc is offline
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Motion for Recusal of Judge


What is the name of your state (only U.S. law)? CA

I am being sued by 2 banks.
In the first lawsuit, I acted in person but lost the summary judgment hearing.
The case is now pending appeal.

In the second lawsuit, the case was called before the same judge as the first lawsuit.
Is this a good reason to apply to recuse the judge?

Must I file my defense before applying to recuse?
  #2  
Old 11-02-2009, 10:57 AM
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Quote:
Originally Posted by kpc View Post
What is the name of your state (only U.S. law)? CA

I am being sued by 2 banks.
In the first lawsuit, I acted in person but lost the summary judgment hearing.
The case is now pending appeal.

In the second lawsuit, the case was called before the same judge as the first lawsuit.
Is this a good reason to apply to recuse the judge?

Must I file my defense before applying to recuse?
Actually, related matters are supposed to be heard by the same judge as they are already familiar with the facts that a new judge would have to waste time learning. I suspect filing your recusal motion will do nothing more than annoy the court unnecessarily.
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  #3  
Old 11-02-2009, 09:21 PM
kpc kpc is offline
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The only thing related between the 1st and 2nd lawsuit is that both have the same defendant. Other than that, nothing is the same.

By having the same judge, that judge might be prejudiced into thinking that this defendant is a person that owes a lot of money to a lot of banks.
Wont this pre-judging will harm the determination of justice?
  #4  
Old 11-03-2009, 07:26 AM
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Quote:
Originally Posted by kpc View Post
The only thing related between the 1st and 2nd lawsuit is that both have the same defendant. Other than that, nothing is the same.

By having the same judge, that judge might be prejudiced into thinking that this defendant is a person that owes a lot of money to a lot of banks.
Wont this pre-judging will harm the determination of justice?
Not necessarily. Many judges hear cases that have the same defendants. Prove that the judge appears predisposed to rule against you.
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  #5  
Old 11-03-2009, 10:56 AM
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Depending on how many cases the judge hears, you were just another nameless face the first time you appeared before him. Unless the previous case is brought up, the judge will like not even remember you from your previous case.
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  #6  
Old 11-03-2009, 12:49 PM
kpc kpc is offline
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The judge will remember me because I was a pro se defendant and pro se defendants are quite rare.
  #7  
Old 11-03-2009, 04:51 PM
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Quote:
Originally Posted by kpc View Post
The judge will remember me because I was a pro se defendant and pro se defendants are quite rare.
As everyone has said ... you have no grounds so forget it and move on.
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