Can a motion to disqualify a judge be made after a hearing or proceeding?

California, United States of America


The following excerpt is from Kohn v. Superior Court In and For City and County of San Francisco, 239 Cal.App.2d 428, 48 Cal.Rptr. 832 (Cal. App. 1966):

When statutory language is clear and unequivocal, the legislative intent must be obtained therefrom and in such cases, there is no room for judicial construction (Caminetti v. Pacific Mutual Life Ins. Co., 22 Cal.2d 344, 353-354, 139 P.2d 908.) Here, it is crystal clear that the 1965 amendment changed the law and that a motion to disqualify a judge can now be made after any hearing or proceeding held prior to trial which does not involve a determination of a contested fact issue relating to the merits.

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