Can a judge be disqualified from acting as a judge?

California, United States of America


The following excerpt is from Morelli, In re, 11 Cal.App.3d 819, 91 Cal.Rptr. 72 (Cal. App. 1970):

Ryan v. Welte, 87 Cal.App.2d 888, 198 P.2d 351 (Although court responded to movant's disqualification papers, Court of Appeal made analysis disregarding judge's reply and found showing insufficient. Here the remarks of the court were that: granting plaintiff right to amend was courtesy only; plaintiff could not amend to satisfy the court; if amended pleading were filed, demurrer would be sustained; agreement upon which action was based had to be in writing. Court refused the request to assign to another judge. Held that remarks of the judge plus fact his opinion was erroneous did not disqualify.)

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