California Code of Civil Procedure

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Part 1 Of Courts of Justice
TITLE 2.  JUDICIAL OFFICERS
Chapter 3 Disqualification of Judges
Sections 170-170.9
 

Chapter 3 Disqualification of Judges
Sections 170-170.9
 

CODE OF CIVIL PROCEDURE
SECTION 170.4

170.4.  (a) A disqualified judge, notwithstanding his or her
disqualification may do any of the following:
   (1) Take any action or issue any order necessary to maintain the
jurisdiction of the court pending the assignment of a judge not
disqualified.
   (2) Request any other judge agreed upon by the parties to sit and
act in his or her place.
   (3) Hear and determine purely default matters.
   (4) Issue an order for possession prior to judgment in eminent
domain proceedings.
   (5) Set proceedings for trial or hearing.
   (6) Conduct settlement conferences.
   (b) Notwithstanding paragraph (5) of subdivision (c) of Section
170.3, if a statement of disqualification is untimely filed or if on
its face it discloses no legal grounds for disqualification, the
trial judge against whom it was filed may order it stricken.
   (c) (1) If a statement of disqualification is filed after a trial
or hearing has commenced by the start of voir dire, by the swearing
of the first witness or by the submission of a motion for decision,
the judge whose impartiality has been questioned may order the trial
or hearing to continue, notwithstanding the filing of the statement
of disqualification.  The issue of disqualification shall be referred
to another judge for decision as provided in subdivision (a) of
Section 170.3, and if it is determined that the judge is
disqualified, all orders and rulings of the judge found to be
disqualified made after the filing of the statement shall be vacated.

   (2) For the purposes of this subdivision, if (A) a proceeding is
filed in a single judge court or has been assigned to a single judge
for comprehensive disposition, and (B) the proceeding has been set
for trial or hearing 30 or more days in advance before a judge whose
name was known at the time, the trial or hearing shall be deemed to
have commenced 10 days prior to the date scheduled for trial or
hearing as to any grounds for disqualification known before that
time.
   (3) A party may file no more than one statement of
disqualification against a judge unless facts suggesting new grounds
for disqualification are first learned of or arise after the first
statement of disqualification was filed.  Repetitive statements of
disqualification not alleging facts suggesting new grounds for
disqualification shall be stricken by the judge against whom they are
filed.
   (d) Except as provided in this section, a disqualified judge shall
have no power to act in any proceeding after his or her
disqualification or after the filing of a statement of
disqualification until the question of his or her disqualification
has been determined.
 

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