What is the test for disqualifying a judge for prejudice?

California, United States of America


The following excerpt is from 510pacificave v. Superior Court of L. A. Cnty., No. B289549 (Cal. App. 2018):

"Section 170.6 permits a party to disqualify a judge for prejudice based upon a sworn affidavit without having to establish the fact of prejudice. [Citation.] If the motion is timely and filed in proper form, the trial court must accept it without further inquiry, and the disqualification is effective immediately. [Citation.] 'As a remedial statute, section 170.6 is to be liberally construed in favor of allowing a peremptory challenge, and a challenge should be denied only if the

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statute absolutely forbids it.' [Citation.]" (Bravo v. Superior Court (2007) 149 Cal.App.4th 1489, 1493.)

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