Is a motion seeking to disqualify a judge pursuant to section 170.3 of the California Civil Code of Civil Procedure (for bias and prejudice) valid?
California, United States of America
The following excerpt is from People v. Raker, B299718 (Cal. App. 2020):
3. Appellant also attempted to disqualify the judge pursuant to Code of Civil Procedure section 170.6 "for bias and prejudice." Because his counsel did not join the motion, the trial court ultimately found the motion "deemed not filed, not filed but made." (See People v. Frierson (1985) 39 Cal.3d 803, 813 [including "whether a particular trial judge should be challenged" among tactical matters within the control of an attorney].)
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