Can a judge who expresses opinions on the merits of an action before hearing the case be disqualified from the role?

Code of Civil Procedure section 170.2, subdivision (b) states, with exceptions not pertinent here (see Roth v. Parker (1997) 57 Cal.App.4th 542, 549), that "[i]t shall not be grounds for disqualification that the judge . . . [h]as in any capacity expressed a view on a legal or factual issue presented in the proceeding." Thus, " '[w]hen the state of mind of the trial judge appears to be adverse to one of the parties but is based upon actual observance of the witnesses and the evidence given during the trial of an action, it does not amount to that prejudice against a litigant which disqualifies him in the trial of the action.' " (Pacific, supra, 82 Cal.App.3d at pp. 82-83.) On the other hand, a judge who expresses opinions on the merits before hearing the evidence may be deemed to have improperly prejudged the case. (Id. at pp. 76-78, 84-88 [while ruling on pretrial motions, the judge wrote a letter to counsel stating "I believe the award of damages will be enormous" and "[c]ontinued litigation may prove devastating to all concerned"; this "midstream gratuitous blast" from the judge was outside the scope of his duty to rule on the matters before him].)

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