What is the test for improper conduct by a judge in a personal injury case?

Included in the classification of irregularities within the purview of subdivision 1 of Code of Civil Procedure section 657 is an overt act of the judge which prevents the complaining party from having a fair and impartial trial. (Gray v. Robinson, 33 Cal.App.2d 177, 182, 91 P.2d 194.) Such irregularity must be shown by affidavits presented in conjunction with a [12 Cal.App.3d 151] motion for new trial. (Code Civ.Proc., 658; In re Estate of Friedman, supra, 178 Cal.

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