Can a judge be disqualified for failing to attend a hearing?

If a judge refuses or fails to disqualify herself, a party may seek the judge's disqualification. The party must do so, however, at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification. (Code Civ. Proc., 170.3, subd. (c)(1).) (People v. Scott (1997) 15 Cal.4th 1188, 1207, 65 Cal.Rptr.2d 240, 939 P.2d 354.) Defendant may not go to trial before a judge and gamble on a favorable result, and

[60 Cal.4th 979]

then assert for the first time on appeal that the judge was biased. (People v. Rodriguez (2014) 58 Cal.4th 587, 626, 168 Cal.Rptr.3d 380, 319 P.3d 151.)³