When a judge has been found to be disqualified, can a writ of error coram vobis be used to set aside the judgment?

California, United States of America


The following excerpt is from Storek & Storek, Inc. v. The Superior Court of Alameda County, A102320. (Cal. App. 2003):

We have previously recognized that a writ of error coram vobis is an appropriate remedy when the disqualification of a judge is discovered after judgment has been rendered. (See Betz v. Pankow, supra, 16 Cal.App.4th at p. 941.) When the grounds for disqualification of a judge are discovered before entry of judgment, the judge must disqualify himself or herself and the matter will be heard by a replacement judge. (Code Civ. Proc., 170.3.) However, when the grounds for disqualification appear after judgment has been entered and while an appeal is pending, the appellate court may issue a writ of error coram vobis to set aside the judgment and allow the trial court to reconsider the matter. (Betz v. Pankow, supra, 16 Cal.App.4th at pp. 940-941.)

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