Is there any case law or procedure in which a judge has been found to be unfit to proceed with an action?

California, United States of America


The following excerpt is from T. P. B. v. Superior Court, 136 Cal.Rptr. 311, 66 Cal.App.3d 881 (Cal. App. 1977):

The situation in the present case did not involve a mere error of law or procedure; rather it involved the very jurisdiction of the trial judge to proceed with the action. The posture in which the action found itself is akin to the legal necessity deemed a physical cause beyond the control of the court brought about by the illness or absence of the judge. (See Curry v. Superior Court, supra, 2 Cal.3d 707, 714, 87 Cal.Rptr. 361, 470 P.2d 345.)

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