Procedures for a 170.1 Motion
How can a 170.1 motion that is set for trial in one department (not the dep't that is being challenged) be immediately ruled upon and denied by the Commissioner that is being challenged,... almost three months before the Trial Date? Our 170.1 was set for hearing on 12/3/08, and sometime in October, 2008, the Commissioner being accused of bias and hatred, announces to us that HE has already denied the 170.1 motion and that the motion is done?? How is this possible? Does anyone know if/why the challenged jurist can transfer a motion to his courtroom that challenges him and accuses him of bias and prejudice? He also denied our 170.6 motion filed before that as "untimely", even though it was filed the requisite five days before any evidentiary hearing was held on the contested matter. How is this possible>
