Does a motion for judicial review of a determination of disqualification from marriage be waived?

California, United States of America


The following excerpt is from Sutton v. Richardson, B230590 (Cal. App. 2012):

8. Appellant's additional arguments are not supported by adequate citation to the record or legal authority. As such, we treat these arguments as waived. (Landry v. Berryessa Union School Dist. (1995) 39 Cal.App.4th 691, 699-700; In re Marriage of Walker (1989) 216 Cal.App.3d 644, 653.) Appellant's argument that the trial court was biased against her is also not supported by the record. Moreover, there is no indication that appellant filed a motion under Code of Civil Procedure sections 170.1 or 170.6. Even if she did file a motion for recusal, her failure to seek writ review of the determination forfeits any statutory claim. (Code Civ. Proc., 170.3, subd. (d) [determination of disqualification motion is not an appealable order and may be reviewed only by writ of mandate]; People v. Freeman (2010) 47 Cal.4th 993, 1000.)

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